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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, OCTOBER 10, 2005

 

LAND USE HEARING

(#110)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principle Planner.  Chair Rennels presided and Commissioners Wagner and Gibson were present.  Also present were:  Porter Ingrum, Geniphyr Ponce-Pore, and Karin Madson, Planning Department; Traci Downs, and Matt Johnson, Engineering Department; David Ayraud, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Rennels opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics.   Chair Rennels explained that the following items are on consent and would not be discussed unless requested by the Board, staff, or members of the audience:  

 

1.  SIGNET SUBDIVISION LOT 9 EASEMENT VACATION - #05-S2472:  This is a request to vacate a portion of a 15-foot wide utility easement in order to prevent an encroachment.  The subject easement was platted as a part of the Signet Subdivision in 1973.  At that time, the utility easement was granted as a standard 15-foot utility easement on each lot line as part of the subdivision.   At this time, no service providers use this easement for any purpose and no utility providers objected to the proposed vacation nor anticipate its use in the future.   The applicant would like to construct a 24’ x 36’ garage addition onto his existing house.  As proposed, the garage will encroach on the side 15-foot easement.   Vacating the easement would make sure that no part of the proposed addition will encroach on the easement. The submitted plot plan demonstrates that setbacks can still be met.

 

Neither the utility providers nor the neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; and the Larimer County Engineering Department Development Review Team.  Staff finds that the request meets the requirements of the Larimer County Land Use Code and recommends the Board of County Commissioners approve File #05-S2472, the Easement Vacation for Lot 9, Signet Subdivision.

 

2.  RIVER GLEN SUBDIVISION LOT 2, BLOCK 6 EASEMENT VACATION - #05-S2481:  This is a request to vacate the west 20 feet of the 30-foot utility easement located on the east side of the lot, leaving a 10-foot utility easement.  The applicant wishes to vacate the western 20 feet of an existing 30-foot utility easement to build a horse barn on the 2.3 acre property for the owner's 4 horses.  All lots in this subdivision have 30 foot easements on the property lines.  Vacation of a potion of this utility easement on the east side of the property would allow the property owner to build the desired barn while retaining views from the existing house and meet setback requirements.

The Development Services Team finds that the request meets the requirements of the Larimer County Land Use Code and recommends the Board of County Commissioners approve vacation of the west 20 feet of the 30-foot utility easement located on the east side of Lot 2, Block 6, River Glen Subdivision, File #05-S2481.

 

3.  MEADOWDALE HILLS 2ND FILING LOTS 93 AND 94 LOT CONSOLIDATION - #05-S2478:   This request is to combine Lots 93 and 94 in Meadowdale Hills Subdivision 2nd filing into one building lot. There have been no objections to this proposal by surrounding neighbors. Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  The Larimer County Department of Health and Environment; and the Larimer County Engineering Department Development Review Team.  The proposed Lot Consolidation of Lots 108 and 109 in Meadowdale Hills Subdivision 2nd filing will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots.  Staff finds that the request meets the requirements of the Larimer County Land Use Code.

The Development Services Team recommends approval of the Lot Consolidation for Lots 93 and 94 in Meadowdale Hills Subdivision 2nd filing (#05-S2478), to be known as Lot 94A of the Lot Consolidation resolution of Lots 93 and 94 in Meadowdale Hills 2nd Filing, subject to the following conditions: 1. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.  2.  All conditions shall be met and the final executed resolution of the County Commissioners recorded by April 10, 2006, or this approval shall be null and void.

 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Consent Agenda, as outlined above.

Motion carried 3-0.

The hearing recessed at 3:05 p.m.

 

LAND USE HEARING

(#110)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Jim Reidhead, Rural Land Use Center Director.  Chair Rennels presided and Commissioners Wagner and Gibson were present.  Also present were:  Christy Coleman, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

1.  GAFFNEY/SHERWOOD PRELIMINARY RURAL LAND USE PLAN (RLUP)- #05-S2432:  The proposal for the Gaffney/Sherwood Preliminary Rural Land Plan is to divide 70 +/- acres into five (5) lots in the following manner: Two (2) single family residential lots, each lot approximately 2.25 acres in size, and three (3) Residual Lots (private open space) – 2 with residences. Residual Lots A and B will contain the existing residences which will be located within designated building envelopes. Residual Lot C will be owned by the Little Thompson Water District and Central Weld Water District (Districts) to be a part of the Districts proposed Dry Creek Reservoir project. A portion of Residual Lot C will be under water.  The Residual Lots will be protected from further development in perpetuity, as required under the RLUP. 

 

It is anticipated that a significant portion of the land affected by the Dry Creek Reservoir project will be brought through the RLUP.  As an example, the 105-acre Ganter/Suits/Tooley RLUP is located immediately south of this property and is being brought through the Rural Land Use Process concurrently with this project. 

The property is located in Section 24, Township 4 North, Range 70 West.  It is generally located 3.5 miles west of Berthoud, between County Roads 6 and 8E.  The property consists of dry grazing land.   The property is zoned FA-1 Farming.  Under the property’s current FA-1 Farming (1 home site per 2.29 acres) zoning, up to twelve (12) homes could potentially be built if brought through the County's Conservation Development (CD) process if adequate public facilities are provided. 

Two residences already exist and are located on the proposed Residual Lots A and B.  The new residential lots have been located at the western portion of the property near the existing residences. This will create an effective cluster near existing infrastructure while affording views of the new reservoir.  The project is part of the Districts proposed Dry Creek Reservoir project and a portion of Residual Lot C will be under water.  Access to these new lots is proposed from Shale Ridge Road and Schofield Road.

The new residential lots will be 2.25 acres in size.  Water to these lots will be provided by Little Thompson Water District and each lot will have individual septic systems.  The applicant is proposing appropriate architectural guidelines for this project to mitigate the visual impact of the proposed new residences and associated structures.  The surrounding properties consist of parcels ranging in size from 5 to 35 acres.  To the north is Cushman Estates Subdivision, which consists of roughly 36 residential lots on 180 +/- acres (approximately 5-acre each) and the properties immediately to the west are 35-acre parcels.  Until recently, the land to the east and south has been configured as 35-acre parcels.  The Districts have recently acquired a majority of this land which will be part of their proposed water storage reservoir project. 

There is significant development pressure in this area for 35-acre parcels and smaller residential lots.  This pressure is caused by general growth along the Front Range and attractiveness of “close-in” foothills property, as well as by pressure specifically associated with growth south and west of Berthoud and Loveland.  There is also significant growth pressure from Boulder County, 2 miles to the south.  The proposed density of the Gaffney/Sherwood Rural Land Use project, one unit per 17.5 acres, appears to be compatible with the neighborhood.

The residual land, approximately 53.776 acres and comprising roughly 73% of the property, will be protected from further development in perpetuity, as required by the RLUP.  It will have a management/use plan to foster its long-term health.  The owners of the residual land parcels will be responsible for maintaining the residual land and for providing a periodic monitoring report(s) to the County. 

A road maintenance agreement will include provisions for maintenance of that portion of Shale Ridge Road used exclusively by the applicants.  Lots 1 and 2 and Residual Lots A and B will be party to this agreement.  If approved, all of the lots in the neighboring Ganter/Suits/Tooley RLUP will also be party to the agreement.  The Districts, owners of Residual Lot C, will not be party to this agreement.  In addition, the applicants have agreed to participate on a pro-rata basis in the maintenance of those portions of Shale Ridge Road and Schofield Roads that provide access to their properties.  Schofield and Shale Ridge Roads are public roads which are privately maintained.

A neighborhood meeting was held on July 25, 2005, at the Berthoud Community Center in Berthoud.  Approximately 20 area residents attended.  The concerns were mainly about access and road maintenance.  Referral agency comments were also solicited.  Representatives from the County Engineering Department, Health Department, and Rural Land Use Advisory Board have visited the site and have consulted with the Rural Land Use Center during the conceptual design phase.

 

Global Engineering Issues:

1.   Drainage paths and basins for historic flows must be identified and preserved.  Effective drainage paths for new development must be provided.  All building envelopes must be situated so that they do not interfere with existing drainage patterns.

2.   The runoff from these projects will drain into a proposed drinking water reservoir.  The effects of potential stormwater runoff and the need for any water quality mitigation measures associated with this project should be evaluated before the preliminary plat hearing in order to insure that water quality goals are meet.

3.   This project proposes constructing a long dead end road.  If possible secondary or emergency access should be provided to this project.

 

Per Section 9.5 of the Land Use Code, Engineering Staff would like to notify the applicant that Transportation Capital Expansion Fees will be required at the time of building permit issuance in accordance with duly enacted transportation capital expansion fee regulations then in effect.

 

Sewer will be accomplished by individual on-site septic systems.  The existing residences and proposed new lots are clustered on the west side of the property, above the soon to be constructed Dry Creek Reservoir.  The most striking feature on this upland portion of the property is the north-south trending ridgelines.  These are outcrops of Cretaceous age sedimentary deposits of shale and limestone.  Soil constraints for septic systems include slow percolation, shallow depth to bedrock, and steep slope in some areas.  Under these conditions, it is important to cluster the lots around the better soils, and make the lots as large as feasible in order to provide future owners with reasonable options for siting septic systems.  The proposed residential lots are long and narrow.  This orientation limits the potential septic system locations. 

Storm drainage from much of this development will be east toward Dry Creek Reservoir.  This reservoir is planned to be a drinking water reservoir. Section 8.12.6 of the Land Use Code contains provisions for addressing storm water drainage into drinking water reservoirs.

 

All construction activities are required to obtain coverage under a State level stormwater management permit if they disturb one or more acres of land.  The permits are administered by the Colorado Department of Health and Environment, Water Quality Control Division.  The main pollutant of concern for construction activities is sediment.  The permits require holders to control or eliminate the sources of pollutants in stormwater through the implementation of a Stormwater Management Plan, developed as part of the application process.  These Stormwater Management Plans must include best management practices (BMPs) that include treatment of stormwater discharges along with source reductions.  Inclusion of the BMPs allow most permits to avoid numeric effluent limits

The area surrounding this proposal is rural in nature and future occupants should be aware of some unique issues that may be encountered.  Examples include lack of mosquito control, potential conflicts with wildlife, and adjacent agricultural operations.  Disclosure affidavits should be prepared to inform potential owners about these types of issues. 

The zoning for this area allows for horses and other livestock.  If livestock are to be kept, the owners should be aware that lots of this size must be managed very carefully in order to maintain grass cover in the pasture.  Overgrazing produces lots with bare ground and scattered weeds.  Erosion and polluted runoff results from such a situation, and affect the lot owner, neighbors and the environment.  The Larimer County Cooperative Extension Service has extensive information about pasture management, and lot owners should contact this office if they intend to keep livestock.  The issue of livestock is also related to water quality protection for the Dry Creek Reservoir.  How livestock is managed, if allowed, should be considered as part of the reservoir water quality management report. 

Larimer County Planning:  Planning staff has had an opportunity to review the Dry Creek Reservoir Preliminary Rural Land Plans and offer the following comments:

·  All of these plans are as a result of the Board of County Commissioners direction allowing RLUP’s within the scope of the Dry Creek Reservoir.  The plans appear to be consistent with the Location and Extent review approved by the Larimer County Planning Commission for this facility. 

·  Access is of concern for both the northern and southern proposals.  To the north the access is through the Cushman Estates Subdivision.  These are public roads with private maintenance other proposals in the immediate are which has proposed access from these roads have encountered some to significant resistance to their use.  The developers are required to attempt to enter into maintenance agreements with the Homeowners Association.  If this is not possible they should be committed to pay their proportionate share of the maintenance of the road(s).

·  To the south the alignment of County Road 6 has its own issues which need to be sorted out.  It appears that at this time the Greenmans and the Byrds are not participating so therefore a right-of-way dedication out to County Road 6 is not available. 

·  The Kapun property may have a zoning violation on it.  There are a large number of cars and other vehicles on the property, in excess of what appears to be normal and accessory to a single family residence.  This should be discussed with the applicants and Code Enforcement staff, before this application goes to hearing. 

·  Will all the new lots be subject to the same restrictions as the original parcels that are due to be created/recognized by a Minor Land Division to be completed with the landowners and the Little Thompson and Central Weld County Water Districts?

 

According to information provided by the Colorado Natural Heritage Program, the eastern portion of this site is part of the Hertha Ridge Potential Conservation Area (PCA).  This PCA contains hogbacks and shale outcrops along the eastern edge of the Front Range.  These land features are habitat for the Bell’s Twinpod ( Physaria belli)  a globally and state imperiled plant species. This property has an area which appears to be a centrally located hogback running through all of the lots from east to west.  Because this site may contain this imperiled plant, the new residences should be located towards the western portion of the property near Shale Ridge Road.  The submitted plans show that the proposed lots are located in this portion of the property away from the hogback. 

According to the Colorado Division of Wildlife Natural Diversity Information Source Map for Larimer County, the area provides winter range for bald eagles, overall range for black bears and is within proximity (1-2 miles) of a designated black bear human conflict area, overall range for elk and a resident population area for elk, overall range for mountain lion and is within a designated mountain lion human conflict area, overall range/winter concentration area for mule deer, foraging area for peregrine falcon, and overall range for white-tailed deer.   Coyote, fox, raccoon, skunk, songbirds, other raptors and herptofauna including rattlesnakes may also occur in this area.

Native vegetation should be maintained to provide continued habitat for wildlife.  Upon disturbance of any areas, noxious weeds should be monitored and controlled.  Homeowners should also be aware that planting trees, shrubs and other herbaceous plants may attract wildlife.  Subsequently, ornamental landscaping may be damaged by wildlife.  Homeowners will need to be responsible for damages incurred and will not be eligible for any reimbursement by the Colorado Division of Wildlife.  In addition, homeowners may want to strongly consider the cover that plantings may provide to large predators in the area.

Chronic Wasting Disease has been diagnosed within deer herds near this parcel.  Management efforts to control this wildlife disease will continue in the future, including culling of herds association with infected animals.  Homeowner and landowner cooperation has played a crucial role in Colorado Division of Wildlife management efforts and will continue to be essential in the future.  Homeowners should be aware of this disease and management efforts associated with maintaining healthy deer populations.  Homeowners should be aware that feeding big game animals, including deer, in Colorado is prohibited.  Attracting and concentrating herds of deer by supplemental feeding may play a role in the prevalence and spread of chronic wasting disease.

As stated earlier, black bears and mountain lions may be present and may travel through the area.  Homeowners should be made aware of the presence of native predators.  Pets should not be allowed to roam free.  Covered pet kennels with reinforced foundations are recommended for homeowners to provide a secure place for dogs and cats when putting them outside, even if it is for a very short time.  All domesticated livestock and farm animals should be secured with wildlife proof fencing appropriate for the species being raised.  Pets may negatively interact with wildlife on the home-sites and homeowners will be responsible for handling these problems.  Homeowners should secure pet and animal feeds, trash containers, and charcoal/gas grills so as not to attract wildlife.  Bear proof trash containers are also recommended.  It is recommended that homeowners read and follow guidelines given in the Division of Wildlife publications “Living With Wildlife In Bear Country” and “Living With Wildlife In Mountain Lion Country” and “Living With Wildlife In Coyote County” and “Too Close For Comfort”.  Pets should have current shots.  All control of nuisance wildlife will be the homeowner’s responsibility with the possible exception of bears and mountain lions.

Homeowners should also be aware that hunting may be an on-going fall and winter activity on lands surrounding the development.  Shooting will occur normally in the early mornings until dark on these areas.  The sounds of gunfire may be somewhat distracting, yet should be noted to the potential owners and developer.

This proposal is consistent with the policies of Section 5.8—Rural Land Use Process of the Larimer County Land Use Code.  Support for the Gaffney/Sherwood Preliminary Rural Land Plan is based on the following:

·  Applicants’ planning and design rationale for the project, which is consistent with the RLUP.

·  Conservation values of the residual land, including preservation of grazing land, open space and wildlife habitat.

·  The plan is generally compatible with the existing neighboring land uses.

 

As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County.  Those benefits are summarized below:

·  Protection of residual land in perpetuity.

·  Enhanced protection of domestic water storage reservoir by limiting number of nearby houses.

·  Transportation capital expansion fees received from the project.

·  School and park fees received from the project.

·  Fewer residences than likely allowed through subdivision process.

·  Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels.

 

This project was reviewed by the Rural Land Use Advisory Board (RLUAB) on August 15, 2005.  The RLUAB unanimously recommended approval of the project.  The Rural Land Use Director recommends that the Board of County Commissioners approve the Gaffney/Sherwood Rural Land Plan.  The following contingencies must be met prior to approval of final plat by the Board of County Commissioners:

 

1.   The Minor Land Division(s) to create legal lots on these parcels must be completed before Final Approval of the Rural Land Plan.

2.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Gaffney/Sherwood Rural Land Plan (File # 05-S2432) except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Gaffney/Sherwood Rural Land Plan.

3.   All roads constructed within the Rural Land Plan shall be in accordance with Section 5.8.6.D of the Rural Land Use Process.  All designs must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that design standards in 5.8.6.D. were followed, before Final Approval.  Internal roads may be contained in a private access and utility easement.  Road names and addressing shall meet standards in the “Road Naming and Site Addressing System Resolution”.

4.   A good faith effort to reach an agreement on road maintenance with the neighboring Cushman Estates Subdivision for Schofield Road and other property owners who use Shale Ridge Road.

5.   A road association to maintain Shale Ridge Road will be required.  This road association must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval.

6.   Public water shall be provided for this project.  A letter of commitment from the water provider must be provided prior to final plat approval.  This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District.  If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code.

7.   Preliminary soil testing and site planning to identify appropriate areas for the house and sewer system locations for Lots 1 and 2 shall be conducted before Final Approval.  The Larimer County Health Department must review and approve the soil test report and house location before Final Approval.

8.   The County Health and Environment Department and the water Districts will determine the content of the Drinking Water Reservoir Quality Management Report.  This report will be submitted to the Health Department for review and approval before Final Approval.

9.   Building envelopes shall be placed on Lots 1 and 2 in order to restrict all construction to the east portion of the lots.  The setback creating this building envelope shall be at least 400 feet from the west property line of each lot. 

10.   A fire protection plan must be submitted and approved by the Rural Land Use Center Director and the Larimer County Emergency Management office before Final Approval OR automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district.

11.   The residual land protective covenant and use plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval. 

12.   Restrictive covenants, including provisions for internal road maintenance, small acreage management, architectural guidelines, and other requirements must be reviewed and approved by the Rural Land Use Center Director prior to final plat approval.

13.   The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval.

14.   A Lot Sale Prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed.  The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots.  Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for the particular lot(s) for which the improvements have been completed. 

15.   Erosion control plan that manages erosion and sediment runoff during new construction shall be prepared and stamped by a licensed professional engineer as part of Final Approval submittal.  Plan shall identify appropriate best management practices for limiting and reducing sediment transport from disturbed areas.

16.   Where feasible, septic systems should drain towards the west rather than the east, in order to limit the amount of drainage towards the reservoir.

17.   The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase:

a)   LOT SALE PROHIBITION.  Developers have executed a Lot Sale Prohibition Agreement which stipulates that Lots 1 and 2 and/or Residual Lot(s) A and B cannot be sold, transferred or conveyed unless and until Developers provide to County a written designation stating that all the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed.  The Lot Sale Prohibition is recorded in the records of the Larimer County Clerk and Recorder and is a covenant running with the Lots.  Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for particular lot(s) for which the improvements have been completed. 

b)   The construction of any single-family residence in this development will require the installation of residential fire sprinklers if fire hydrants and/or a public water supply are not present to provide fire protection unless written permission for variance from this requirement from the fire district is received.

c)    Passive radon mitigation measures shall be included in construction of structures designed for habitable space on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

d)   Some or all lots in this development include building envelopes.  All structures must be located within these Larimer County approved building envelopes, as shown on the approved Plan.  If a structure within the building envelope is located 5’ or less from the boundary of the building envelope, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope prior to the approval of the footing and foundation inspection.  This shall be accomplished by a written certification by a Colorado Licensed Surveyor.

e)   All structures and septic systems must be located within the building envelopes on any Residual Lots.

f)   Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application.

g)   Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes).  The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise.

h)   No feeding of any wildlife.  Any food placed for wildlife will eventually attract the Black Bears traveling through the area.  Once a bear finds food around homes and trailers, they become habituated to humans, often causing damage to property in their search for food.  The State of Colorado is not liable for damages to non-agricultural property.  Homeowners insurance is strongly advised.

i)   Keep trash and garbage removed from site.  Bear proof containers are commercially available and they work.  Garbage and trash can be as attractive to bears as placing out food for wildlife.

j)   It is strongly recommended that trailers and motor homes not be left on site unattended.  These items may be destroyed by bears if left unattended.  This is particularly important during the months of July to September, when the bears are most active in their search for food.

k)   Many other species of wildlife live in the area; some can be dangerous to humans and pets.  It must be remembered that landowners will be living with wildlife.  Species that may be found in the area are coyotes, mountain lions, bobcats, skunks, badgers, raccoons, deer, elk, hawks, owls and eagles.

l)   Pets must be contained on property, either by leash or enclosure.

m)   During certain times of the year mosquitoes may present a significant nuisance.  Larimer County does not have a mosquito abatement program.  Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations.

n)   Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property.  At times these animals are implicated in the transmission of plague to people or their pets.  It is important for residents to observe animal control requirements for dogs and cats.

o)   Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust.  These are a normal part of agriculture and should be expected to occur.  In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime.

p)   If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture.  Overgrazing will produce bare ground, weeds, erosion and polluted runoff.  Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding.

q)   Larimer County has adopted a Right to Farm Resolution.

r)   The following fees shall be collected at building permit issuance for new single-family dwellings: Thompson R2-J school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), and Rural Land Use Process fees.  The fee amount that is current at time of building permit application shall apply.

s)   Larimer County shall not maintain roads or streets in this development.  Maintenance of the streets shall be the responsibility of the property owners.  Failure to maintain streets may result in a lien being placed on these lots.

t)   At time of real estate closing, owner shall provide purchasers of Lots 1 and 2 and Residual Lot(s) A and B with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County.

u)   The owners of the residual land parcel shall be responsible for providing a periodic monitoring report for the residual land to Larimer County Rural Land Use Center.

v)   Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement.  The Developer and Larimer County executed this agreement in consideration of the approval of this Development.  This Agreement was recorded in the Larimer County Clerk’s and Recorder’s office immediately after this plat.  All purchasers should obtain and read the Development Agreement.

 

Mr. Reidhead noted that the two projects being presented tonight are contiguous and very similar in nature; therefore, he would describe the first project and then only highlight the differences of the second project.  Mr. Reidhead then presented photographs and a slide show explaining the Gaffney/Sherwood Preliminary Rural Land Plan as outlined above.  Mr. Reidhead added another condition of approval regarding erosion control which is now listed as condition number 15 above.  Mr. Ryan briefly explained the water quality and septic system requirements. Commissioner Gibson questioned why boating or swimming would not be allowed on the reservoir.  Mr. Ryan stated that the Little Thompson Water District is not allowing boats, swimming, or other recreational uses on the reservoir. 

Mike Cook, Little Thompson Water District Manager, explained that the water district board made the decision to disallow recreational use of the reservoir, as they did not wish to make it a public site and have to patrol the area.  Mr. Cook also noted that the reservoir will be much smaller and shallower than Horsetooth Reservoir or Carter Lake. 

Chair Rennels opened the hearing up for public comment and Craig Duffin, President of the Cushman Estates Homeowners Association (HOA), addressed the Board.  Mr. Duffin noted concern with the proposed lot sizes, as they are much smaller and inconsistent with the surrounding neighborhoods.  Mr. Duffin questioned whether or not a secondary access would be required for emergencies, and if so, he requested this access be gated so it does not become a thoroughfare.  Mr. Duffin requested that owners of the new sites be required to pay for damage to the roads that will be caused due to construction, and also be required to pay HOA dues for maintenance of the roads.   Chair Rennels explained that the Commissioners cannot dictate that persons using a public road must pay to use the road.  There was no further public comment.

Discussion ensued regarding the road maintenance and Mr. Reidhead explained that the applicants have offered to pay a prorated portion of the HOA dues to participate in road maintenance.  Mr. Reidhead noted that the HOA dues also include maintenance of ponds and open space within the Cushman Estates Subdivision, insurance, and other miscellaneous items, which the applicants feel they should not be required to participate in, and is why they offered a prorated amount.  Commissioner Gibson questioned if there was need for a secondary access point.  Mr. Reidhead stated that the fire department reviewed the project and are allowing for longer dead end roads without secondary access; however, fire plans or home sprinklers will be required.  Commissioner Gibson stated that he was concerned with the septic systems draining towards the reservoir, and the road maintenance issues not being resolved.  Some discussion ensued and Mr. Ryan stated that some of the lots could indeed have their septic systems drain towards the road versus draining towards the reservoir.  The Board agreed to add this condition to the project and it is listed as condition number 16 above, and in the following motion: 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Gaffney/Sherwood Preliminary Rural Land Plan subject to the conditions recommended by the Rural Land Use Center Director, and with the additional condition which states that where feasible, septic systems should drain towards the west rather than the east in order to limit the amount of drainage towards the reservoir.

Under discussion of the motion, the Board stressed the importance of reaching an agreement on the road maintenance issues.

Motion carried 3-0.

 

2.  GANTER/SUITS/TOOLEY PRELIMINARY RURAL LAND USE PLAN (RLUP) - #05-S2434:   The proposal for the Ganter/Suits/Tooley Preliminary Rural Use Land Plan (RLUP) is to divide 105 +/- acres into seven (7) lots in the following manner:  Six (6) single family residential lots (including three existing home-sites), located on approximately 30 acres, and one (1) Residual Lot (private open space).  A portion of the Residual Lot (74.848 acres) will be acquired by the Little Thompson Water District and Central Weld Water District (Districts) to be a part of the Districts proposed Dry Creek Reservoir project.  It is anticipated that a significant portion of the land affected by the Dry Creek Reservoir project will be brought through the RLUP.  The Residual Lot will be protected from further development in perpetuity, as required under the RLUP. 

The property is located in Section 24, Township 4 North, Range 70 West.  It is generally located 3.5 miles west of Berthoud, between County Roads 6 and 8E.  The property consists of dry grazing land.  The property is zoned FA-1 Farming.  Under the property’s current FA-1 Farming (1 home site per 2.29 acres) zoning, up to thirteen (13) homes could potentially be built if brought through the County's Conservation Development (CD) process if adequate public facilities are provided. 

Three residences already exist and are located on the proposed Lots 1, 3, and 6.  The new residential lots will be located at the western portion of the property near the existing residences. This will create an effective cluster near existing infrastructure while affording views of the new reservoir.  The project is part of the Districts proposed Dry Creek Reservoir project and a portion of Residual Lot A will be under water.  Access to these new lots is proposed from Shale Ridge Road and Schofield Road.

The new residential lots will range in size from 3.94 to 6.96 acres in size.  Water to these lots will be provided by Little Thompson Water District and each lot will have individual septic systems.  The applicant is proposing appropriate architectural guidelines for this project to mitigate the visual impact of the proposed new residences and associated structures.  The surrounding properties consist of 35-acre parcels.  Immediately to the north is the 70-acre Gaffney/Sherwood RLUP with 4 residences proposed.  To the north of the Gaffney/Sherwood RLUP project is the Cushman Estates Subdivision, which consists of roughly 36 residential lots on 180 +/- acres (approximately 5-acre each) and the properties immediately to the west are 35-acre parcels.  Until recently, the land to the east and south has been configured as 35-acre parcels.  The Districts have recently acquired a majority of this land which will be part of their proposed water storage reservoir project. 

 There is significant development pressure in this area for 35-acre parcels and smaller residential lots.  This pressure is caused by general growth along the Front Range and attractiveness of “close-in” foothills property, as well as by pressure specifically associated with growth south and west of Berthoud and Loveland.  There is also significant growth pressure from Boulder County, 2 miles to the south. The proposed density of the Ganter/Suits/Tooley Rural Land Use project, one unit per 17.5-acres, appears to be compatible with the neighborhood.

The residual land, approximately 74.848 acres and comprising roughly 71% of the property, will be protected from further development in perpetuity, as required by the RLUP.  It will have a management/use plan to foster its long-term health.  The Districts and the owners of the residual land parcels will be responsible for maintaining the residual land and for providing a periodic monitoring report(s) to the County. 

A road maintenance agreement will include provisions for maintenance of that portion of Shale Ridge Road used exclusively by the applicants.  Lots 1 through 6 will be party to this agreement.  If approved, all of the lots in the neighboring Gaffney-Sherwood RLUP will also be party to the agreement.  The Districts and owners of Residual Lot A will not be party to this agreement.  In addition, the applicants have agreed to participate on a pro-rata basis in the maintenance of those portions of Shale Ridge Road and Schofield Roads that provide access to their properties.  Schofield and Shale Ridge Roads are public roads which are privately maintained.

A neighborhood meeting was held on July 25, 2005, at the Berthoud Community Center in Berthoud.  About 20 area residents attended.  The concerns were mainly about access issues.  Referral agency comments were also solicited.  Representatives from the County Engineering Department, Health Department, and Rural Land Use Advisory Board have visited the site and have consulted with the Rural Land Use Center during the conceptual design phase.

Referral agencies have responded and applicable fees will be collected to meet the requirements in Section 9.0—Land Dedications, Fees-in-Lieu of Dedications, Facility Fees and Capital Expansion Fees.  The fees that will be collected on this project are park fees, school fees, and Transportation Capital Expansion fees.  Other fees that will be collected are Rural Land Use Process fees in effect at the time of building permit issuance.

The RLUP allows neighboring landowners to voluntarily pool their land in order to meet the minimum requirement of 70 acres.  This project is a collaborative effort between the Districts and the applicants, who have pooled their land to meet this requirement.  The Districts have previously acquired—in some instances by condemnation—significant portions of the Ganter’s, Suits’and Tooley’s three 35-acre parcels for the new Dry Creek water storage reservoir, as well as other properties within the vicinity. 

 

For a number of reasons, mainly dealing with water quality concerns, the Districts wish to see fewer houses surrounding their new reservoir.  All of the rights allowed by the underlying zoning remain on those portions of the Ganter’s, Suits’ and Tooley’s  property that was not acquired by the Districts.  If brought through the subdivision process, up to 13 residential lots could be created if adequate public facilities are provided.  Because public sewer is not nearby, and due to site constraints such as slopes and the presence of an endangered plant species, (Bell’s Twinpod), it is unlikely that a subdivision with 13 residential lots would be feasible any time soon.  But the fact remains that more houses could be built at some time in the future, as allowed by the FA-1 Farming zoning.  By working with the Ganters, Suits, and Tooleys right now to create three addition residential lots through the RLUP, the Districts hope to preempt the possibility of more houses in the future.

As is often the case with Rural Land Use Projects, road issues are of keen interest to all involved, especially equitable long-term maintenance of privately-maintained roads with public access.  This is the case with the Gaffney-Sherwood project.  These properties have deeded access from County Road 8E across Schofield Road and Shale Ridge Road; both are privately-maintained roads with public access.  A major portion of Schofield Road is maintained by the Cushman Estates Homeowners’ Association.  The Ganters, Suits, Tooleys, and the Districts have expressed a willingness to pay their pro-rata share of the ongoing maintenance of Schofield Road. 

 

As is the practice with the RLUP projects, the exact details of a collaborative road maintenance agreement are not worked out at the time of the Preliminary Approval Hearing; it is done before Final Approval.  Nor is it made a requirement of Final Approval that a road maintenance agreement be reached.  However, it is required that the applicants make a good faith effort to reach an agreement on road maintenance.  Although it is in the best interest of all involved to come to agreement on road maintenance, the reason it is not made an absolute condition of approval is that this would give a neighboring homeowners’ association the de facto ability to override an approval by the Board of County Commissioners by simply refusing to come to agreement.  It is my understanding that the applicants will report on the progress of their negotiations with Cushman Estates residents at the hearing and their intentions regarding maintenance of their roads.

In any event, the landowners in the Ganter/Suits/Tooley RLUP and the neighboring Gaffney-Sherwood RLUP will be required to form a road association to maintain their portion of Shale Ridge Road.  This will be made a condition of approval.

Sewer will be accomplished by individual on-site septic systems.  Staff visited the property on July 11, 2005, to review conditions related to the feasibility for septic systems.  The existing residences and proposed new lots are clustered on the west side of the property, above the soon to be constructed Dry Creek Reservoir.  The most striking feature on this upland portion of the property is the north-south trending ridgelines.  These are outcrops of Cretaceous age sedimentary deposits of shale and limestone.  A preliminary indication of the suitability of soils can be obtained from the county survey.  Soil constraints for septic systems include slow percolation, shallow depth to bedrock, and steep slope in some areas.  Under these conditions, it is important to cluster the lots around the better soils, and make the lots as large as feasible in order to provide future owners with reasonable options for siting septic systems.  Preliminary soil testing and site planning should be conducted in order to identify appropriate areas for all the house and sewer system locations.   This information would be valuable in order to set the final lot line locations and ensure that each new lot was buildable.  In some cases it will be feasible to plan sewer system locations on the west side of the property in areas where the surface drainage is away from the reservoir. 

Storm drainage from much of this development will be east toward Dry Creek Reservoir.  This reservoir is planned to be a drinking water reservoir. Section 8.12.6 of the Land Use Code contains provisions for addressing storm water drainage into drinking water reservoirs.

Addressing these requirements is normally considered in terms of a formal drainage and erosion control report submitted as part of a preliminary plat.  In the case of a RLUP, the issue is complicated by the fact that the public hearing submittal does typically not include technical reports.  For this specific project, it helps that the water districts are partnering with the property owners in order to plan the location and number of residential lots in order to protect the reservoir.  This is an important issue for all parties involved, and should be addressed in advance of the public hearing so that any decision to approve the RLUP can take this standard into account.    

All construction activities are required to obtain coverage under a State level stormwater management permit if they disturb one or more acres of land.  The permits are administered by the Colorado Department of Health and Environment, Water Quality Control Division.  The main pollutant of concern for construction activities is sediment.  The permits require holders to control or eliminate the sources of pollutants in stormwater through the implementation of a Stormwater Management Plan, developed as part of the application process.  These Stormwater Management Plans must include best management practices (BMPs) that include treatment of stormwater discharges along with source reductions.  Inclusion of the BMPs allow most permits to avoid numeric effluent limits. 

The area surrounding this proposal is rural in nature and future occupants should be aware of some unique issues that may be encountered.  Examples include lack of mosquito control, potential conflicts with wildlife, and adjacent agricultural operations.  Disclosure affidavits should be prepared to inform potential owners about these types of issues. 

The zoning for this area allows for horses and other livestock.  If livestock are to be kept, the owners should be aware that it has been our experience that lots of this size must be managed very carefully in order to maintain grass cover in the pasture.  Overgrazing produces lots with bare ground and scattered weeds.  Erosion and polluted runoff results from such a situation, and affect the lot owner, neighbors and the environment.  The Larimer County Cooperative Extension Service has extensive information about pasture management and lot owners should contact this office if they intend to keep livestock.  The issue of livestock is also related to water quality protection for the Dry Creek Reservoir.  How livestock is managed, if allowed, should be considered as part of the reservoir water quality management report. 

The Planning staff has had an opportunity to review the Dry Creek Reservoir Preliminary Rural Land Plans and offer the following comments:

·  All of these plans are as a result of the Board of County Commissioners direction allowing RLUP’s within the scope of the Dry Creek Reservoir.  The plans appear to be consistent with the Location and Extent review approved by the Larimer County Planning Commission for this facility. 

·  Access is of concern for both the northern and southern proposals.  To the north the access is through the Cushman Estates Subdivision.  These are public roads with private maintenance other proposals in the immediate are which has proposed access from these roads have encountered some to significant resistance to their use. The developers are required to attempt to enter into maintenance agreements with the Homeowners Association.  If this is not possible they should be committed to pay their proportionate share of the maintenance of the road(s).

·  To the south the alignment of County Road 6 has its own issues which need to be sorted out.  It appears that at this time the Greenmans and the Byrds are not participating so therefore a right-of-way dedication out to County Road 6 is not available. 

·  The Kapun property may have a zoning violation on it.  There are a large number of cars and other vehicles on the property, in excess of what appears to be normal and accessory to a single family residence.  This should be discussed with the applicants and Code Enforcement staff, before this application goes to hearing. 

·  Will all the new lots be subject to the same restrictions as the original parcels that are due to created/recognized by a Minor Land Division to be completed with the landowners and the Little Thompson and Central Weld County Water Districts. 

 

According to information provided by the Colorado Natural Heritage Program, the eastern portion of this site is part of the Hertha Ridge Potential Conservation Area (PCA).  This PCA contains hogbacks and shale outcrops along the eastern edge of the Front Range.  These land features are habitat for the Bell’s Twinpod ( Physaria belli)  a globally and state imperiled plant species. This property has an area which appears to be a centrally located hogback running through all of the lots from east to west.  Because this site may contain this imperiled plant, the new residences should be located towards the western portion of the property near Shale Ridge Road.  Building envelopes should also be placed on the new vacant lots to ensure the lots are not placed on top of the hogback.

The future houses of Lots 2, 4 and 5 should be located on the western portion of the lots away from the hogback in the central portion of the property.  Building envelopes on the Final Plat would ensure that the locations of the future houses are in an appropriate place. 

The Colorado Division of Wildlife has checked ad reviewed the subject property and proposed development as to potential impacts on wildlife.  The area has been impacted in the past and generally cannot be considered as critical habitat for any wildlife species.

According to the Colorado Division of Wildlife Natural Diversity Information Source Map for Larimer County, the area provides winter range for bald eagles, overall range for black bears and is within proximity (1-2 miles) of a designated black bear human conflict area, overall range for elk and a resident population area for elk, overall range for mountain lion and is within a designated mountain lion human conflict area, overall range/winter concentration area for mule deer, foraging area for peregrine falcon, and overall range for white-tailed deer.   Coyote, fox, raccoon, skunk, songbirds, other raptors and herptofauna including rattlesnakes may also occur in this area.

Native vegetation should be maintained to provide continued habitat for wildlife.  Upon disturbance of any areas, noxious weeds should be monitored and controlled.  Homeowners should also be aware that planting trees, shrubs and other herbaceous plants may attract wildlife.  Subsequently, ornamental landscaping may be damaged by wildlife.  Homeowners will need to be responsible for damages incurred and will not be eligible for any reimbursement by the Colorado Division of Wildlife.  In addition, homeowners may want to strongly consider the cover that plantings may provide to large predators in the area.

Chronic Wasting Disease has been diagnosed within deer herds near this parcel.  Management efforts to control this wildlife disease will continue in the future, including culling of herds association with infected animals.  Homeowner and landowner cooperation has played a crucial role in Colorado Division of Wildlife management efforts and will continue to be essential in the future.  Homeowners should be aware of this disease and management efforts associated with maintaining healthy deer populations.  Homeowners should be aware that feeding big game animals, including deer, in Colorado is prohibited.  Attracting and concentrating herds of deer by supplemental feeding may play a role in the prevalence and spread of chronic wasting disease.

As stated earlier, black bears and mountain lions may be present and may travel through the area.  Homeowners should be made aware of the presence of native predators.  Pets should not be allowed to roam free.  Covered pet kennels with reinforced foundations are recommended for homeowners to provide a secure place for dogs and cats when putting them outside, even if it is for a very short time.  All domesticated livestock and farm animals should be secured with wildlife proof fencing appropriate for the species being raised.  Pets may negatively interact with wildlife on the home-sites and homeowners will be responsible for handling these problems.  Homeowners should secure pet and animal feeds, trash containers, and charcoal/gas grills so as not to attract wildlife.  Bear proof trash containers are also recommended.  It is recommended that homeowners read and follow guidelines given in the Division of Wildlife publications “Living With Wildlife In Bear Country” and “Living With Wildlife In Mountain Lion Country” and “Living With Wildlife In Coyote County” and “Too Close For Comfort”.  Pets should have current shots.  All control of nuisance wildlife will be the homeowner’s responsibility with the possible exception of bears and mountain lions.

Homeowners should also be aware that hunting may be an on-going fall and winter activity on lands surrounding the development.  Shooting will occur normally in the early mornings until dark on these areas.  The sounds of gunfire may be somewhat distracting, yet should be noted to the potential owners and developer.

This project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material and certain excavation activities in waters of the United States.  Waters of the U.S. includes ephemeral, intermittent and perennial streams, their surface connected wetlands and adjacent wetlands and certain lakes, ponds, drainage ditches and irrigation ditches that have a nexus to interstate commerce.  Based on the information provided, a Department of the Army permit will not be required for this activity; however, this does not eliminate the requirements that other applicable federal, state, tribal, and local permits are obtained if needed.

This proposal is consistent with the policies of Section 5.8—Rural Land Use Process of the Larimer County Land Use Code.   Support for the Ganter/Suits/Tooley  Preliminary Rural Land Plan is based on the following:

·  Applicant’s planning and design rationale for the project, which is consistent with the RLUP.

·  Conservation values of the residual land, including preservation of grazing land, open space and wildlife habitat.

·  The plan is generally compatible with the existing neighboring land uses.

 

Support for this proposed plan takes into consideration the various other land development and design options, particularly the 35-acre alternative, for which there is no County review.  The greater number of residential units possible under the zoning and the general development pressure within the immediate area for use-by-right 35-acre division of land supports our belief that this is an appropriate project.

As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County.  Those benefits are summarized below:

·  Protection of residual land in perpetuity.

·  Enhanced protection of domestic water storage reservoir by limiting number of nearby houses.

·  Transportation capital expansion fees received from the project.

·  School and park fees received from the project.

·  Fewer residences than likely allowed through subdivision process.

·  Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels.

 

This project was reviewed by the Rural Land Use Advisory Board (RLUAB) on August 15, 2005.  The RLUAB unanimously recommended approval of the project.  The Rural Land Use Director recommends that the Board of County Commissioners approve the Gaffney/Sherwood Rural Land Plan.  The following contingencies must be met prior to approval of final plat by the Board of County Commissioners:

 

1.   The Minor Land Division to create legal lots on these parcels must be completed before Final Approval of the Rural Land Plan.

2.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Ganter/Suits/Tooley Rural Land Plan (File # 05-S2434) except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Ganter/Suits/Tooley Rural Land Plan.

3.   All roads constructed within the Rural Land Plan shall be in accordance with Section 5.8.6.D of the Rural Land Use Process.  All designs must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that design standards in 5.8.6.D. were followed, before Final Approval.  Internal roads may be contained in a private access and utility easement.  Road names and addressing shall meet standards in the “Road Naming and Site Addressing System Resolution”.

4.   A good faith effort to reach an agreement on road maintenance with the neighboring Cushman Estates Subdivision for Schofield Road and other property owners who use Shale Ridge Road.

5.   A road association to maintain Shale Ridge Road will be required.  This road association must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval.

6.   Public water shall be provided for this project.  A letter of commitment from the water provider must be provided prior to final plat approval.  This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District.  If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code.

7.   Preliminary soil testing and site planning to identify appropriate areas for the house and sewer system locations for Lots 1 and 2 shall be conducted before Final Approval.  The Larimer County Health Department must review and approve the soil test report and house location before Final Approval.

8.   The County Health and Environment Department and the water Districts will determine the content of the Drinking Water Reservoir Quality Management Report.  This report will be submitted to the Health Department for review and approval before Final Approval.

9.   Building envelopes shall be placed on Lots 2, 4, and 5 to ensure that septic leach fields shall be on the portion of the lots sloping to the west.

10.   A fire protection plan must be submitted and approved by the Rural Land Use Center Director and the Larimer County Emergency Management office before Final Approval OR automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district.

11.   The residual land protective covenant and use plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval. 

12.   Restrictive covenants, including provisions for internal road maintenance, small acreage management, architectural guidelines, and other requirements must be reviewed and approved by the Rural Land Use Center Director prior to final plat approval.

13.   The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval.

14.   A Lot Sale Prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed.  The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots.  Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for the particular lot(s) for which the improvements have been completed. 

15.   Erosion control plan that manages erosion and sediment runoff during new construction shall be prepared and stamped by a licensed professional engineer as part of Final Approval submittal.  Plan shall identify appropriate best management practices for limiting and reducing sediment transport from disturbed areas.

16.   Where feasible, septic systems should be drained towards the west rather than the east, in order to limit drainage towards the reservoir.

17.   The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase:

 

a)  LOT SALE PROHIBITION.  Developers have executed a Lot Sale Prohibition Agreement which stipulates that Lots 1 through 6 cannot be sold, transferred or conveyed unless and until Developers provide to County a written designation stating that all the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed.  The Lot Sale Prohibition is recorded in the records of the Larimer County Clerk and Recorder and is a covenant running with the Lots.  Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for particular lot(s) for which the improvements have been completed. 

b) The construction of any single-family residence in this development will require the installation of residential fire sprinklers if fire hydrants and/or a public water supply are not present to provide fire protection unless written permission for variance from this requirement from the fire district is received.

c) Passive radon mitigation measures shall be included in construction of structures designed for habitable space on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

d)   Some or all lots in this development include building envelopes.  All structures must be located within these Larimer County approved building envelopes, as shown on the approved Plan.  If a structure within the building envelope is located 5’ or less from the boundary of the building envelope, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope prior to the approval of the footing and foundation inspection.  This shall be accomplished by a written certification by a Colorado Licensed Surveyor.

e)Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application.

f)      Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes).  The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise.

g)No feeding of any wildlife.  Any food placed for wildlife will eventually attract the Black Bears traveling through the area.  Once a bear finds food around homes and trailers, they become habituated to humans, often causing damage to property in their search for food.  The State of Colorado is not liable for damages to non-agricultural property.  Homeowners insurance is strongly advised.

h)Keep trash and garbage removed from site.  Bear proof containers are commercially available and they work.  Garbage and trash can be as attractive to bears as placing out food for wildlife.

i)      It is strongly recommended that trailers and motor homes not be left on site unattended.  These items may be destroyed by bears if left unattended.  This is particularly important during the months of July to September, when the bears are most active in their search for food.

j)      Many other species of wildlife live in the area; some can be dangerous to humans and pets.  It must be remembered that landowners will be living with wildlife.  Species that may be found in the area are coyotes, mountain lions, bobcats, skunks, badgers, raccoons, deer, elk, hawks, owls and eagles.

k)   Pets must be contained on property, either by leash or enclosure.

l)      During certain times of the year mosquitoes may present a significant nuisance.  Larimer County does not have a mosquito abatement program.  Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations.

m)   Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property.  At times these animals are implicated in the transmission of plague to people or their pets.  It is important for residents to observe animal control requirements for dogs and cats.

n)Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust.  These are a normal part of agriculture and should be expected to occur.  In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime.

o)   If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture.  Overgrazing will produce bare ground, weeds, erosion and polluted runoff.  Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding.

p)   Larimer County has adopted a Right to Farm Resolution.

q)   The following fees shall be collected at building permit issuance for new single-family dwellings: Thompson R2-J school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), and Rural Land Use Process fees.  The fee amount that is current at time of building permit application shall apply.

r)    Larimer County shall not maintain roads or streets in this development.  Maintenance of the streets shall be the responsibility of the property owners.  Failure to maintain streets may result in a lien being placed on these lots.

s)    At time of real estate closing, owner shall provide purchasers of Lots 1-6 with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County.

t)      The owners of the residual land parcel shall be responsible for providing a periodic monitoring report for the residual land to Larimer County Rural Land Use Center.

u)Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement.  The Developer and Larimer County executed this agreement in consideration of the approval of this Development.  This Agreement was recorded in the Larimer County Clerk’s and Recorder’s office immediately after this plat.  All purchasers should obtain and read the Development Agreement.

 

Mr. Reidhead explained that the difference between the two projects have mainly to do with the geological considerations of the property.  Mr. Reidhead noted that the lots were divided in an east/west fashion based upon topography and there are no residual lots with houses on them.  He noted that the lots are more in keeping with the general lot size of the area.  Mr. Reidhead displayed photos of the property and explained that the same road issues need to be resolved.  Commissioner Gibson questioned whether or not this project would "land-lock" the properties to the south.  Mr. Reidhead stated that the road traveling south is a private road and the land use patterns indicate that there is no real development potential to the south due to site constraints. 

Mike Cook, Little Thompson Water District Supervisor, stated that they acquired the properties in order to give them enough room to own, operate, and protect the reservoir.  He noted that the properties they acquired provide a buffer and the space necessary to move about the reservoir. 

Chair Rennels opened up the hearing for public comment and Craig Duffin reiterated his previous comments.  Don Sherwood, applicant, stated that they have attempted to reach an agreement regarding road maintenance and paying for their fair share, and questioned what will happen if they cannot reach an agreement.  The Board explained that reaching such an agreement is a strong suggestion, not a condition of approval.  Rex Suits, applicant, stated that they would be happy to pay for their share of maintaining the portion of the road they use to access their home.  Dave Novell, adjoining neighbor, pointed out that it will not be possible to have the septic system drain to the west on the Tooley property.  Commissioner Gibson acknowledged that not all of the properties would be able to have their septic systems drain away from the reservoir. 

Chair Rennels closed public comment.  The Board agreed that the same additional conditions should apply in this instance as with the Gaffney/Sherwood Preliminary Rural Land Plan, and they are included in the conditions as outlined above and in the following motion:

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the Ganter/Suits/Tooley Preliminary Rural Land Plan subject to the conditions as recommended by the Rural Land Use Center Director, and with the additional condition which states:  where feasible, septic systems should drain towards the west rather than the east in order to limit the amount of drainage towards the reservoir.

Motion carried 3-0.

The hearing adjourned at 8:00 p.m.

 

 

Tuesday, OCTOBER 11, 2005

 

ADMINISTRATIVE MATTERS

(#111)

 

The Board of County Commissioners met at 9:30 a.m. with County Manager Frank Lancaster.  Chair Rennels presided, and Commissioner Gibson was present.  Also present were:  Deni LaRue and Donna Hart, Commissioners’ Office; Ginny Riley, Glen Rathgeber, and Margaret Long, Human Services;  Al Kadera, Planning Department; Gerald Granberg,  President and owner of Young's Liquor Store; Gary Buffington, K-Lynn Cameron, Lori Smith, Kerri Rollins, Ernst Strenge, Ann Montoya, Greg Good, and Charlie Gindler, Parks & Open Lands Department; Charlie Johnson, and Jerry White, Engineering Department; and Gael Cookman, Deputy Clerk.

 

1.    PUBLIC COMMENT:   There was no public comment.

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 3, 2005:

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of October 3, 2005, as presented.

 

Motion carried 2-0.

 

3.    REVIEW THE SCHEDULE FOR THE WEEK OF OCTOBER 17, 2005:  Ms. Hart reviewed the upcoming schedule with the Commissioners.

 

4.    CONSENT AGENDA:  

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for October 11, 2005:

 

10112005A001           LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS (Lease space in the Justice Center)

 

10112005A002           DEVELOPMENT AGREEMENT FOR MARY'S LAKE RIDGE SUBDIVISION BETWEEN THE BOARD OF COUNTY COMMISSIONERS, RONALD J. GORDON, AND MARY'S LAKE RIDGE HOME OWNER'S ASSOCIATION

 

10112005A003           DEVELOPMENT AGREEMENT FOR LEGACY HEIGHTS CONSERVATION DEVELOPMENT (FILE #04-S2244) BETWEEN THE BOARD OF COUNTY COMMISSIONERS, FOUR SEASONS REALTY, INC., AND THE LEGACY HEIGHTS HOMEOWNER'S ASSOCIATION

 

10112005A004           DEVELOPMENT AGREEMENT FOR KENDALL CANYON RANCH ESTATES MINOR SUBDIVISION BETWEEN THE BOARD OF COUNTY COMMISSIONERS, DELBERT E. AND JUDY A. KENDALL, AND THE KENDALL CANYON RANCH ESTATES HOMEOWNER'S ASSOCIATION

 

10112005A005           AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ADARAND CONSTRUCTORS, INC. (To construct County Road 20 and 74E Guardrail)

 

10112005A006           ADDENDUM TO DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, FOUR SEASONS REALTY, INC., AND HOME STATE BANK

 

10112005R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF SOUTH MOFFET PARK, 1ST FILING, LOT 22 AND 23

 

10112005R002           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR LEGACY HEIGHTS CONSERVATION DEVELOPMENT (FILE #04-S2244)

 

MISCELLANEOUS:  Department of Human Services Payments for August 2005; Kendall Canyon Ranch Estates Minor Subdivision Plat; Mary's Lake Ridge Subdivision Final Plat; Legacy Heights Conservation Development Final Plat.

 

LIQUOR LICENSES:  The following license was approved and issued:  Mishawaka Inn - Tavern - Bellvue.  The following license was issued:  Berthoud Arts & Humanities Alliance - Special Events Permit 6% - Berthoud.

 

Motion carried 2-0.

 

5.  RECOGNITION OF THE VOLUNTEERS OF AMERICA “EXCELLENCE IN GOVERNMENT AWARD”Ms. Riley explained that Ms. Long was presented the Excellence in Government award from the Volunteers of America (VOA) for her efforts in partnering with the VOA in delivery of meals to the elderly.   Mr. Rathgeber stated that Ms. Long was well deserving of this award and was pleased to see she is being recognized for implementing such a great nutrition program in Larimer County.  Ms. Long thanked the Board and the entire Office on Aging staff for their support, and stated that in her opinion it is a County award, rather than her personal individual award.  The Board congratulated Ms. Long and thanked her for her efforts.

 

6.  COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week.

 

7.  YOUNG'S LIQUOR SIGN REGULATIONS APPEAL:  Mr. Kadera explained that Gerald Granberg, the owner of Young's Liquor store, has submitted an appeal to the Larimer County Sign Code, in order to retain and modify a nonconforming liquor store sign when he completes construction on his new building.  Mr. Kadera recommended that this issue be referred to the Planning Commission for review and comment since the Sign Code is fairly new, the appeal involves the East Mulberry Corridor, and commercial signs are important issues to the citizens of Larimer County.  Mr. Granberg explained that he began this process in 2002; however the new Sign Code was not formally adopted until 2005.  He stated that the new regulations have increased the cost of conducting business, and could further delay his project.  Mr. Granberg explained that he is appealing the Sign Code so that he can still utilize his sign.  Chair Rennels stated that appeals regarding the Sign Code should typically be heard by the Planning Commission, but explained that since Mr. Granberg has been working through the process for so long, she did not feel that this particular item should be referred to the Planning Commission.  Commissioner Gibson agreed. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve of referring the Young's Liquor Sign Code Appeal to the Board of County Commissioners for review and recommendation, because it involves the East Mulberry Corridor Plan and commercial signs, both of which are important issues to the citizens of Larimer County, and because the request differs significantly from the regulations.

 

Motion carried 2-0.

 

8.  WORKSESSION:  Mr. Lancaster informed the Board that the City of Fort Collins will require trash haulers to begin offering curbside service for recycling cardboard.  Mr. Lancaster noted that the City of Fort Collins was required to give this notification to the Board of County Commissioners. 

 

Chair Rennels stated that Tony Simons, Larimer County Wildfire Coordinator, has realized a shortfall in the cost of printing map books for the volunteer fire departments.  She requested the additional funds be paid for through the Commissioners' Special Projects Fund.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners authorize the expenditure of up to $2400.00 from the Special Projects Fund to cover the cost of printing map books for the volunteer fire departments.

 

Motion carried 2-0.

 

Mr. Lancaster explained that an employee has given notice to vacate a position within the Planning Department. The position will need to be filled; however, in the meantime, the employee has agreed to work part time to keep up with the development review workload, until a replacement is hired and trained.   Mr. Lancaster stated that the Planning Department has requested additional funds, (approximately $10,000), to keep the part-time individual on staff until the end of the year.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the reallocation of carryover funds, not to exceed $11,000, to the Planning Department for part-time staffing.

 

Motion carried 2-0.

 

9.  PRESENTATION OF PARKS AWARD:   Ms. Cameron explained that Governor Owens recently congratulated Great Outdoors Colorado (GOCO), and their partners, for their efforts in protecting over 500,000 acres of Open Lands throughout Colorado.   Ms. Cameron presented a color poster created by GOCO, which highlights this significant event, and noted that the prominent photo in the poster depicts Red Mountain Ranch in Larimer County, which was preserved as part of the Laramie Foothills Mountains to Plains Project.   

 

10.  LEGAL MATTERS:  There were no legal matters to discuss.

 

The meeting adjourned at 10:10 a.m., with no further action taken.

 

On the afternoon of October 11, 2005, the following document, which had been previously approved for the Chair's signature, was presented:

 

10112005A007           MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES REGARDING THE COLORADO WORKS PROGRAM AND THE COLORADO CHILD CARE ASSISTANCE PROGRAM

 

 

 

    __________________________________________

                                    KATHAY RENNELS, CHAIR

            BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

___________________________________

Gael M. Cookman, Deputy Clerk       

 

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.